


Sergio Sorinas
Sergio Sorinas is a partner and heads the competition law group for Herbert Smith Freehills in Paris. He advises clients in all areas of French and European Union competition law including merger control, cartels, abuses of a dominant position, distribution and cooperation agreements, competition law disputes and state aid. His experience covers a wide range of sectors including media, banking, agribusiness, pharmaceuticals, chemicals, motor vehicles, consumer products, energy and retail trade. Sergio advises many French and international groups before the European Commission and the French Competition Authority. He also represents several major French groups before French and European Union courts. He has recently represented clients in several matters before the European General Court. In a recent appeal in a cartel case, Sergio obtained a fine reduction of more than €100 million for chemical group Arkema. Sergio is admitted to the bar in Paris and Barcelona, and speaks fluent French, English and Spanish.
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21923 Bulletin
331
INTRODUCTION On 16 March 2023, the Court of Justice of the European Union (CJEU) issued its keenly anticipated judgment in Towercast(Judgment), following a request for a preliminary ruling by the Court of Appeal, Paris (Court of Appeal). The Judgment clarifies that acquisitions by dominant (...)
631
On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional (...)
419
On 9 July 2018, the Democratic Republic of Congo (“DRC”) joined the group of African countries that have recently established modern domestic competition law regimes, after President Joseph Kabila signed into law the Organic Law no. 18/020 on Pricing Freedom and Competition (the “Competition (...)
66
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)
72
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook’s acquisition of WhatsApp under the EU merger regulation (EUMR). On the same day, the Commission issued a (...)
86
On 9 April 2019, the European Commission published the full text of its decision to fine Crédit Agricole, HSBC and JPMorgan Chase for participating in a cartel in the euro interest rate derivatives ("EIRD") sector. While four of the seven participating banks settled the case with the (...)
108
In Intel’s appeal against the General Court’s judgement of June 2014 (which upheld the Commission’s decision that Intel abused its dominant position by virtue of operating exclusivity rebate schemes – see here for our e-bulletin on the judgment), Advocate General Wahl recommends that the Court (...)
371
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition (...)
259
In its decision no. 12-D-25 of 18 December 2012, the Autorité de la Concurrence (the French competition authority - "FCA") fined the French national railway SNCF nearly EUR 61 million for 5 counts of abusive practices in the railway freight sector and ordered the company to cease the (...)
155
Introduction On 30 October 2014, following an in-depth review, the French Competition Authority (the "FCA") authorised the takeover of the mobile phone operator SFR by Numericable Group, a wholly-owned subsidiary of Altice. Before the transaction, SFR was wholly owned by the Vivendi group; (...)
270
Introduction At a time when cloud computing is changing the face of the Internet, the decision of the Paris Court of Appeal acts as a reminder that the Internet is primarily a matter of physical wires. In December 2013, the Court ruled on an appeal of a French competition authority (ADLC) (...)
200
Introduction The Paris Court of Appeal reviewed and rejected an appeal against the decision of the French competition authority (the ADLC) sanctioning vertical restraints in the cat and dog food market. The Court upheld the ADLC’s decision finding various anticompetitive practices on the (...)
187
Introduction On July 4 2013, the Paris Court of Appeal upheld for the most part the decision of the French competition authority (the ADLC) imposing a 60 million euro fine on Orange Caraïbe and its parent company France Télécom for having abused their dominant position in the French overseas (...)
343
In a decision dated 29 May 2013, the French Competition Authority (hereinafter, the "FCA") imposed a total fine of more than €79 million on the members of a cartel formed by the four major distributors of commodity chemicals (solvents, alcohols, acids, ethers, bleach etc…) in France. The (...)
272
Following a request for a preliminary ruling on constitutionality by Groupe Canal Plus (“Canal Plus”) and Vivendi Universal (“Vivendi”, parent company of Canal Plus), on 12 October 2012 the French Constitutional Council upheld the constitutionality of the power of the French Competition (...)
240
In a decision dated 6 March 2012, the French Competition Authority (hereinafter, the "FCA") fined 10 organisations of producers and 7 trade associations for a series of practices that aimed at maintaining a minimum selling price of endives sold between 1998 and 2012. This finding of (...)
192
On 23 February 2012, the Paris Court of Appeal overturned a widely publicised decision of the French Competition Authority ("FCA"), which had imposed fines totalling €385 million on 11 French banks including the Banque de France in relation to interbank fees. Background The case centres on (...)
152
In case no. 11-DCC-187 the French competition authority (FCA) examined the acquisition by COFEPP, a major French spirits manufacturer, of Quartier Français Spiritueux (QFS), one of its main competitors in the area. The transaction was cleared subject to conditions on 13 December 2011, the (...)
236
This case provides a further example of unconditional approval being granted by the Commission at the end of an in-depth Phase II (see also UPM/Myllukoski and Rhein Papier of 13 July 2011, case no. COMP/M. 6101; Seagate/Samsung hard disk reader business of 19 October 2011, case (...)
367
In its decision dated 30 December 2010, the French competition authority (the «FCA») authorised, subject to certain commitments, the creation of a joint venture between Veolia Environnement(«Veolia») and the Caisse des Dépôts et Consignations (the «CDC») that will combine their respective (...)
187
In its decision dated 20 August 2010, the French competition authority (the “FCA”) cleared the acquisition by Eurovia of sole control over six subsidiaries of the Tarmac group ("Tarmac") (the “concentration”), subject to remedies. Although the proposed concentration had a Community (...)
1824
Background This case is the latest episode of the saga of the «mobile telephony case«. In 2005 the French Competition Council imposed on the three leading French mobile operators (Orange France, SFR and Bouygues Télécom) a record fine of € 534 M for collusive practices consisting in (i) (...)
247
Background On 26 January 2010, the French Competition Authority (the “FCA”) authorized the acquisition by TF1 group (“TF1”), the parent company of leading free TV channel TF1, of sole control over NT1 and TMC, two free Digital Terrestrial Television channels ("DTT channels"). Prior to this (...)
796
In a decision issued on 18 December 2009, the French Competition Authority (the «Authority«) fined a trade association in the hydrotherapy sector, the Conseil national des exploitants thermaux («CNETh«), for infringing article L. 420-1 of the French Commercial Code (the French equivalent of (...)
1982
Background This case arose out of the clearance granted by the French Minister of the Economy ("Minister") for the acquisition by Deloitte of Janny Marque Futur ("JMF"), the holding company of BDO Marque et Gendrot ("BDO"). Through this transaction, Deloitte, one of the "Big Four", acquired (...)
1417
In a ruling of 18 March 2009, the Paris Court of Appeal (the "Court") annulled a decision by the French Competition Council (the "Decision" and the "Council") to fine 7 physicians’ unions for an agreement among their members to increase fees charged to patients. These practices ran for varying (...)
1406
On 27 January 2009 , the French Competition Council (the "Council") fined Nouvelles Messageries de la Presse Parisienne ("NMPP") and its subsidiary, Société Auxiliaire pour l’Exploitation des Messageries Transports Presse ("TP"), for abusing their dominant position on the French press (...)
1244
Background The Competition Council ("Council") rejected a complaint brought by retailer Concurrence against Sony, as well as Philips. The present case arose out of Sony’s decision in late 2007 to end all commercial relations with Concurrence, a Paris electronics retailer who had been (...)
1476
In a decision of 7 October 2008, the French Competition Council (the "Council") accepted commitments submitted by France Telecom regarding an alleged abuse of its dominant position in the sector of engineering, consultancy and certification of private telecommunications facilities pursuant to (...)
1563
Background This case arose out of the "Port 2000" initiative, a project which was initiated in the 1990s with the aim of tripling the capacity of the port at Le Havre by adding new berths and several terminals. Global shipping company AP Moller-Maersk ("APMM") and Perrigault group, a French (...)
1459
In a decision of 9 March 2006, the French Competition Council (the "Council") fined nearly 80 companies and trade associations for unlawful practices implemented between 1993 and 1998 in the sector of heating, sanitation, plumbing and air-conditioning products. These practices included (i) (...)
640
Background. When Moulinex was put into administration in 2001 competitor SEB was conditionally retained by the judicial administrators as the most suitable purchaser for Moulinex’ manufacturing sites and trading subsidiaries in France, Spain, Germany and several non-EU countries, subject to (...)
1078
I. Background When Moulinex was put into administration in 2001 competitor SEB was conditionally retained by the judicial administrators as the most suitable purchaser for Moulinex‘ manufacturing sites and trading subsidiaries in France, Spain, Germany and several non-EU countries, subject (...)
358
Background. When Moulinex was put into administration in 2001 competitor SEB submitted, amongst others, an offer to purchase Moulinex’ manufacturing sites and trading subsidiaries in France, Spain, Germany and several non-EU countries. SEB was conditionally retained by the judicial (...)
584
Background. When Moulinex was put into administration in 2001 competitor SEB submitted, amongst others, an offer to purchase Moulinex ’ manufacturing sites and trading subsidiaries in France, Spain, Germany and several non-EU countries. SEB was conditionally retained by the judicial (...)
705
The French Competition Council advises that the proposed acquisition by SEB of Moulinex’ French assets should be authorised unconditionally since it does not lead to a strengthening of a dominant position and, in any event, falls under the failing firm defence (SEB / Moulinex) Background. (...)
19799 Review
331
The Authority has authorised, subject to undertakings, the acquisition of sole control of the Jardiland group by the InVivo group, France’s leading agricultural cooperative group at the head of the Gamm Vert, Delbard and Jardinerie du Terroir retail network. Jardiland and InVivo are active in (...)
205
In a decision of 23 August 2018, the French Competition Authority authorised, subject to commitments, the acquisition of sole control of SDRO and Robert II by Groupe Bernard Hayot (GBH). The operation mainly concerned the food distribution sector in Martinique. GBH operates food and non-food (...)
470
This is a new episode in the takeover of the Agripole group’s ready-made meals division by Financière Cofigéo. This affair had already been commented on in this Chronicle (see ConcurrencesNo. 1-2018, pp. 127-128, obs. S. Sorinas and A. Baudelin) because the Authority, while deciding to open (...)
322
Following its public consultation launched in October 2017 on simplifying and modernising merger control, the Authority announced by press release of 7 June the selected proposals in this respect. Simplification of the procedure for non-problematic operations The Authority thus announces (...)
554
In a decision dated May 25, 2018, the Conseil d’État dismissed the appeal filed by OCEA against the Authority’s decision No. 16-DCC-120 of July 28, 2016. on the creation of a full-function joint venture between DCNS and Piriou. The companies DCNS and Piriou, which are active in military (for (...)
242
As was apparent from the rejection of the application for interim measures of suspension which had been lodged in this case, by order of 17 October 2016 (EC, 17 October 2016, No. 403730, obs. S. Sorinas and A. Baudelin, ConcurrencesNo. 1-2017, pp. 141-142.), the Conseil d’État also dismissed, (...)
225
On April 27th , 2018, the Authority authorized, subject to commitments, the acquisition of exclusive control by Carrefour Supermarchés France of the companies Zormat and Les Chênes, which operate two predominantly food-dominated businesses with service stations under the Carrefour Market (...)
140
The Authority has authorised TF1’s acquisition of sole control of Aufeminin, previously owned by the media group Axel Springer. Aufeminin operates the Internet sites of the same name and others such as Marmiton and My Little Paris, and markets the advertising space on these sites. It also (...)
216
On 20 April 2018, the Authority unconditionally cleared two transactions concerning the combination of distance selling (’DOS’) players (Sarenza and Spartoo) and in-store retail players (Monoprix and André) in the footwear distribution sector. In the first decision (No 18-DCC-50), the (...)
243
The Authority has cleared without commitment a concentration between two online real estate classifieds giants in France. The Axel Springer group, to which SeLoger belongs, has thus acquired sole control of Concept Multimédia, which owns the company Logic-Immo. As mentioned in a previous (...)
186
The Authority’s decision dated 10 November 2017 signs the reunification of the two names of Joseph Gibert’s heir sons almost 90 years after their separation: Gibert Joseph and Gibert Jeune bookstores. The examination of the transaction did not raise any particular competition concerns. The (...)
3226
Following financial difficulties, the Financière Turenne Lafayette (FTL) group (Madrange and Paul Prédault brands in the cured meats sector, and William Saurin, Panzani and Garbit in the ready meals sector) was subject to receivership proceedings before the Paris Commercial Court. The court (...)
145
In line with the consultation launched in October 2016 by the European Commission on these subjects, the Authority published on its website on 20 October 2017 a public consultation aimed at gathering comments from anyone who wished to respond to it on certain avenues for reflection on a (...)
200
The soap opera Altice / SFR has made a particularly strong impression over the last two years. Does the decision of the Conseil d’État handed down on September 28, 2017 mark the final act of this season full of twists and turns? Summary of previous episodes In a decision dated October 30, (...)
174
The French Competition Authority announced that on 11 September 2017, it had taken up an ex-officio case to examine the conditions under which the Fnac group is implementing the commitments it made in connection with the acquisition of the Darty group. As a reminder, this transaction was (...)
193
The Authority has decided to open an in-depth investigation into the operation whereby the Axel Springer Group acquires sole control of the company Concept Multimedia. The purchaser and the target are both active in the online real estate classifieds market through SeLoger.com and (...)
199
Five years after the 2012 decision authorizing, subject to compliance with 33 injunctions, the acquisition of exclusive control of TPS and CanalSatellite by Vivendi and Canal Plus Group (GCP) (Dec. No. 12-DCC-100 dated July 23, 2012, Obs. O. Billard), the Authority agreed to review its (...)
303
Three years after the 2014 decision authorizing, subject to the implementation of several commitments, the acquisition of Direct 8 and Direct Star by Vivendi and Canal Plus Group (GCP) (Dec. No. 14-DCC-50 dated April 2, 2014, obs. S. Sorinas, E. Jegou and C. Barraud), the Authority agreed to (...)
228
The French Competition Authority has authorized SFR Group to take sole control of Groupe News Participations. SFR Group is controlled by the Altice Group, which is mainly active in the telecommunications, television, print media and advertising sectors. For its part, News Participations Group (...)
205
The French Competition Authority has authorised the acquisition of sole control of the Flo group by the Bertrand group. These two groups specialize in commercial catering and own several brands such as Burger King, Quick, Café Leffe, Hippopotamus and Maître Kanter’s Tavern. The Authority (...)
222
The Petit Forestier group decided to abandon its plan to acquire sole control of the Fraikin group following the Authority’s decision to open an in-depth investigation (Dec. No 27-DEX-01 of 13 January 2017). Petit Forestier and Fraikin are the two biggest players on the French market for the (...)
183
On November 9, 2016, the European Commission has approved the acquisition of Merial, Sanofi’s animal health subsidiary, by Boehringer Ingelheim ("BI"), a German pharmaceutical company specialized in the development, production, distribution and marketing of pharmaceutical products including (...)
327
The Competition Authority heavily sanctioned the Altice group for having implemented two concentrations before obtaining its approval. While it has already imposed fines for failure to notify or to comply with commitments, this is the first time that the Authority has had to rule on the early (...)
241
Vinci Airports, a subsidiary of Vinci, develops and operates 34 airports worldwide, including 12 in France. Aéroports de Lyon is an airport concession company that develops, operates and operates the Lyon-Saint Exupéry and Lyon-Bron airports. Prior to the operation, Aéroports de Lyon was (...)
166
Within a few months, the Eurofins Group, active in the management of analytical, testing and technical inspection laboratories for private companies and public bodies, acquired sole control of the Bio-Access Group and later the Biomnis Group, two groups of laboratories specialising in medical (...)
161
Soufflet Agriculture and Sobra have applied to the judge in charge of summary proceedings at the Conseil d’État for a stay of execution of Decision No. 16-DCC-147 of 21 September 2016 by which the Competition Authority authorised the acquisition of exclusive control by Axéréal Participations (...)
276
Following the work undertaken in recent years on the operation of EU Regulation 139/2004 of 20 January 2004 (the "Merger Regulation"), and in particular its 2014 White Paper "Towards more effective merger control in the EU", the European Commission launched a new public consultation on 7 (...)
200
The European Commission has cleared in Phase 1, subject to commitments, the proposed creation of a joint venture between Vodafone and Liberty Global in the Netherlands by decision of 3 August 2016. The Vodafone Group is an international group specialising in the operation of mobile (...)
162
Halliburton and Baker Hughes, respectively the world’s second and third largest oil service providers, announced in November 2014 their intention to move closer together. According to the notification of the transaction to the European Commission of 27 November 2015, Halliburton would have (...)
396
By a decision dated October 30, 2014 (Decision No. 14-DCC-160, Altice / SFR), the French Competition Authority authorized the acquisition of sole control of SFR by the Altice group, subject to the implementation of a number of commitments, including the commitment to divest the mobile (...)
194
By a decision of 15 May 2015 (Decision No 15-DCC-53, UGI Bordeaux Holding / Totalgaz), the Competition Authority approved the acquisition of sole control of Totalgaz ("Totalgaz") by UGI Bordeaux Holding ("UGI") after a phase I procedure, subject to the implementation of commitments. These (...)
168
In the course of investigating a case, the Competition Authority became aware of a merger between the Castel group and the Patriarche group. However, such a transaction had not been notified to the Authority’s services. Following exchanges between the Authority and the parties, the parties (...)
819
On February 29, 2016, the Commission approved the acquisition of control of EMC by Dell. The clearance decision was adopted following a Phase I review without commitments. Dell is a U.S. company, active in the development, sale and repair of computers and related products, such as storage (...)
157
By a decision dated November 13, 2014 (decision no. 14-DCC-164, Carrefour / Unibail-Rodamco), the French Competition Authority has authorized the acquisition by Carrefour of a portfolio of six shopping malls from Unibail-Rodamco, and in particular the purchase of the Bab 2 shopping mall (...)
123
It should be noted that the only commitments accepted in the case of M. 7678, Equinix v. Telecity, were published on 12 November 2015 and were the subject of a decision by the Commission to authorise the operation on the basis of Article 6(2)(b). These commitments were proposed by Equinix to (...)
192
By a decision of 18 September 2015, the French Competition Authority authorised the acquisition of sole control subject to commitments from the Audika Group by the William Demant Group. William Demant is one of the leading manufacturers of hearing aid products in Europe. The group (...)
157
By decision of 4 August 2015, the Commission has approved the acquisition of Hospira by Pfizer under Articles 6(1)(b) and 6(2) of the EU Merger Regulation. Both companies, based in the US, are active in the development and marketing of medicines for human use. However, the approval was (...)
188
In its Decision No. 15-DCC-104 of 30 July 2015, the French Competition Authority authorised, subject to conditions, the acquisition of exclusive control by the Rubis group, which is active in France and internationally in the butane, propane and LPG distribution sector (hereinafter "Rubis"), (...)
321
By decision of 8 June 2015, the French Competition Authority authorised the acquisition of Totalgaz by UGI France subject to structural commitments relating in particular to the sale of part of the stake that the new entity would hold in certain import and storage infrastructures. The (...)
400
The proposed transaction between the French group Lafarge and the Swiss group Holcim will enable the new entity to become the world’s largest cement manufacturer, present in more than 90 countries worldwide. The Commission considered that the transaction could harm competition because of (...)
1024
The company Wienerberger, which produces and markets structural materials, filed an application with the French Council of State to annul the decision of the French Competition Authority of July 26, 2013 authorizing Bouyer-Leroux’s acquisition of sole control of Imerys’ "structural materials" (...)
550
By decision of 30 October 2014, following an in-depth phase II investigation, the Authority authorised the acquisition by Numericable Group (Numericable), a subsidiary of the Altice Group, of sole control of SFR. Prior to the transaction, SFR was exclusively controlled by the Vivendi group, (...)
233
On June 5, 2014, the European Commission unconditionally approved the acquisition of Cemex West by its Swiss competitor Holcim after a phase II and 9 months of investigation. Both companies supply cement and other building materials worldwide. The proposed transaction concerns the (...)
600
By decision of 17 April 2014, the Authority authorised the acquisition by Orlait, a subsidiary of Candia, itself a subsidiary of Sodiaal, of exclusive control of the long-life drinking milk business of the Terra Lacta cooperative. The decision is noteworthy both for the analysis of the (...)
334
By two decisions handed down on April 9, 2014, the Conseil d’Etat dismissed the appeals for abuse of power filed by the Association des centres distributeurs Edouard Leclerc (hereinafter "the ACDLec"), against the decisions of the French Competition Authority No.12-DCC-125 of August 27, 2012 (...)
477
Perhaps the latest in a long series of decisions concerning Canal Plus Group, the Authority’s decision dated April 2, 2014 once again authorizes, subject to enhanced undertakings, the acquisition by Vivendi and Canal Plus Group (hereinafter "GCP") of exclusive control of D8, D17, Direct (...)
695
In a judgment handed down on 11 December 2013 in Case T-79/12 (Cisco Systems Inc. and others v. European Commission), the Court of First Instance of the European Union confirmed the validity of the Commission’s decision which had authorised, in phase I and without commitment, Microsoft’s (...)
353
Eur. Com, 05.12.2013, Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (OJ C 366, 14.12.2013, p. 4). On 5 December 2013, the European Commission adopted a series of measures to simplify its merger control procedures. In (...)
172
It should also be pointed out that the judge in charge of summary proceedings of the Council of State rejected the application for a stay of execution, filed by the company Wienerberger, of the Bouyer-Leroux/Imerys decision (see above) for lack of urgency.
200
In a decision of July 26, 2013, the French Competition Authority authorized, subject to the implementation of commitments, the acquisition of Imerys TC’s "structural materials" assets by Bouyer-Leroux. Bouyer-Leroux and Imerys TC are two major producers of wall bricks and the two main (...)
211
By a decision of 16 April 2013, the French Competition Authority authorised, subject to the implementation of commitments, the acquisition of the Champagne-Ardennes-Picardie Cluster. (hereinafter ’the CAP division’) of the Hersant Média group (hereinafter ’GHM’) by the Belgian press group (...)
561
By a decision of 14 March 2013, the French Competition Authority authorised the acquisition of sole control of Novatrans by the Charles André Group (GCA), two companies active in the freight transport sector. Prior to 2006, Novatrans was jointly owned by SNCF, the Charles André Group, the (...)
411
On 12 December 2012, the Court of First Instance confirmed the Commission’s decision imposing a fine of €20 million on Electrabel for having acquired sole control of Compagnie Nationale du Rhône (CNR) without prior authorisation from the Commission. This case, which is emblematic because of (...)
371
Constitutional Council, Decision No. 2012-280 QPC of 12 October 2012 In a decision dated October 12, 2012 (Cons. const., decision no. 2012-280 QPC of October 12, 2012), the French Constitutional Court confirmed the priority constitutionality question (hereinafter, "QPC") raised by Canal Plus (...)
341
Aut. conc. dec. no. 12-DCC-125 of 27 August 2012 relating to the joint takeover of 28 food-dominated retail stores by the Union des Coopérateurs d’Alsace and the Association des Centres Distributeurs E.Leclerc In the present case, the competitive analysis did not raise any particular (...)
206
Eur. comm., dec. art. 8, § 1 R.139/2004, 19 October 2011, Caterpillar v. MWM, case COMP/M.6106 The present case provides a further example of an unconditional approval decision at the end of Phase II, which is becoming less and less rare (see e.g. the UPM/Myllukoskiand Rhein Papier decisions (...)
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